i was giving a ticket because i hit a pole on private property. and the cop gave me a careless driving ticket. i was not being care less.
Country relating to Question: United States
State (if USA): New Jersey
i have to go to court,. the ticket is 2 points and 85.00 and i was not being careless, it was an accident
Hello,Although you have a complete right to plead not guilty and make the State prove that you were reckless in the operation of your vehicle, you may have a difficult time if they can produce the police officer that ticketed you and the evidence of what happened. The fact that this was an accident, does not mean that you were not being careless. In all honesty, that is how accidents generally happen. Your thoughts about what the word "careless" means are probably different from what the law actually says, and that is understandable. But it is the law that controls and the standard is a reasonable persons standard. The elements of careless driving in NJ are that the person charged was in:
Again though, you have a right to make the State prove the charge. If you lose your case, you will have to pay court costs in addition to your fine.
Licensed Attorney with 27 yrs. exp. with Traffic Law issues
i understand, but the officer was not there at the time. he was call to the site were the accident happen. and do i need an lawyer with me?
Hello again,That can make it harder for the State to prove their case. Because in NJ, res ipsa loquitor (the act speaks for itself) does not apply. That means that if the officer who issued the ticket didn't see the "crime" then the State cannot prove the charge simply with an introduction of the officer's testimony. There needs to be another witness to the act who can testify that they actually saw the accident happen. If they cannot come up with one, they aren't likely to get a conviction. I would always suggest that someone wanting to actually plead not guilty have an attorney. An attorney who practices traffic law is uniquely qualified to get to the meat of the matter and know exactly how to poke holes in the State's case.
i need to add that the officer that issued the ticket, was upset with me because i did nt give him my ss#, and he never gave me the ticket in my hand he sent it in the mail. i had my grand son and daughter with me at the time, and he ask me for theirs as well. no one was at the seen i could have left the site but i didnt, i call security, and told the what had happen. the security said that they had problem withe the gate and the gate had just been installed that week, so it was a defect in the gate.my matt on the floor was sliding up aganist the gas pateal.
Those are all good facts for you. That makes it really hard to the State to prove any carelessness on your part. No adverse witnesses and the other evidence.
if the officer do not show up do the case get thrown out?
Yes, generally though, if the State requests a continuance, then the court will give them one more shot to get the police officer there. In other words, one missed court appearance isn't generally enough to get the dismissal. It really depends on the judge and how he or she feels about the local law enforcement officers.
thank you for your kindly response. and your patients with my questions.
No problem and best of luck to you.
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